The Real Estate For Sale By Owner Contract is a crucial document in Belgian property transactions where owners choose to sell their property directly without primary real estate agent involvement. This document, compliant with Belgian civil law and regional regulations, serves as the initial binding agreement between parties before the mandatory notarial deed. It must include specific elements required by Belgian law such as property details, price, payment terms, and conditions precedent to sale. The document is particularly important in Belgium's three regions (Flanders, Wallonia, and Brussels-Capital) where property transactions are heavily regulated and require specific disclosures about urban planning, energy performance, and environmental conditions. While this agreement initiates the sale process, it must acknowledge that final property transfer requires notarial intervention and registration in accordance with Belgian property law.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, national numbers, current addresses, and marital status
2. Background: Context of the sale, including brief property history and current ownership status
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and legal concepts
4. Property Description: Detailed description of the property including cadastral details, measurements, boundaries, and included fixtures/fittings
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule
6. Transfer of Ownership: Conditions and timing of property transfer, including notarial requirements
7. Seller's Representations and Warranties: Declarations regarding property title, encumbrances, disputes, and compliance with regulations
8. Property Condition: Current state of the property, known defects, and as-is provisions
9. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
10. Closing Conditions: Requirements to be met before closing, including financing conditions and documentation
11. Default and Remedies: Consequences of breach by either party and available remedies
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts
1. Mortgage Release: Required if the property has existing mortgage(s) that need to be discharged
2. Tenant Rights: Required if the property is currently leased or has occupancy rights
3. Urban Planning Compliance: Detailed section required if property has specific urban planning requirements or restrictions
4. Co-ownership Provisions: Required for apartments or properties with shared facilities
5. Environmental Provisions: Detailed section required if property has known environmental issues or specific requirements
6. Renovation/Construction Conditions: Required if property requires specific works or has ongoing construction permits
7. Special Use Conditions: Required if property has specific use restrictions or requirements
1. Property Plans and Cadastral Documents: Official property plans, cadastral extracts, and measurement certificates
2. Energy Performance Certificate: Mandatory EPC showing property's energy efficiency rating
3. Soil Certificate: Official soil quality certification as required by Belgian law
4. Urban Planning Certificates: Relevant urban planning permits and certificates
5. Property Photographs: Current dated photographs documenting property condition
6. Inventory of Included Items: Detailed list of fixtures, fittings, and other items included in the sale
7. Technical Installations Certificates: Certificates for electrical, gas, water installations as required
8. Co-ownership Documents: Recent meeting minutes and financial statements if applicable
9. Property Insurance Details: Current insurance certificates and claims history
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